The LexisNexis Practice Guide New Jersey Commercial Litigation is a practical, task-oriented guidebook to the various topics in commercial litigation. It clearly explains how to analyze, resolve, and/or litigate the issues that can arise at every stage of a commercial dispute, from the basic corporate structures to complex questions of law, evidentiary matters, procedure, and strategy. Comprehensive coverage includes Liability of Corporate Directors and Officers; Restrictive Covenants; Business Fraud, Consumer Fraud, and Fraudulent Transfers; Unfair Competition; and Trade Secrets.

LexisNexis Practice Guide New Jersey Commercial Litigation includes over two dozen task-oriented checklists, almost two hundred strategic points, warnings, and timing tips to prevent practice missteps, and targeted cross-references to specific state and federal legislation and sources detailing the features of topics such as corporate governance, franchise litigation and lender liability.

Table of Contents

Chapter 1 CORPORATE GOVERNANCE; LIABILITY OF DIRECTORS AND OFFICERS

PART I: STRATEGY 1.01 Scope 1.02 Objective and Strategy

PART II: ESTABLISHING DUTIES OF DIRECTORS AND OFFICERS 1.03 CHECKLIST: Establishing Duties of Directors and Officers 1.04 Evaluating Choice of Law 1.05 Fiduciary Duty to Corporation and Shareholders

PART V: DRAFTING PLEADINGS AND APPLICATIONS FOR PRELIMINARY RELIEF 2.13 CHECKLIST: Drafting Pleadings and Applications for Preliminary Relief 2.14 Including as Many Wrongful Acts and Varieties of Remedies as Can Be Reasonably Asserted in Complaint 2.15 Emphasizing Irreparable Harm and Seeking Targeted Remedies

PART IV: FILING ORDER TO SHOW CAUSE 3.08 CHECKLIST: Filing Order to Show Cause 3.09 Drafting Initial Pleadings in Support of Order to Show Cause 3.10 Preparing for Initial and Plenary Hearings 3.11 Considering Damages and Additional Legal Remedies 3.12 Making Motions in Aid of Litigants' Rights

PART III: IDENTIFYING PARTIES TO ACTION INVOLVING PARTNERSHIP 5.07 CHECKLIST: Identifying Parties to Action Involving Partnership 5.08 Determining Who Should Be Named as Defendant in Action Against Partnership 5.09 Considering Effect of Dissociation of Partner on Partnership and Partner Liability 5.10 Considering Effect of Dissolution of Partnership on Partnership and Partner Liability

PART IX: IDENTIFYING GENERAL STATUTORY RELIEF AVAILABLE TO FRANCHISEES AND GENERAL STATUTORY DEFENSES AVAILABLE TO FRANCHISORSM 8.28 CHECKLIST: Identifying General Statutory Relief Available to Franchisees and General Statutory Defenses Available to Franchisors 8.29 Identifying Relief Available to Franchisee for Frachisor Violation of FPA 8.30 Identifying Franchisor's General Statutory Defenses 8.31 Pursuing Federal Remedies Under Automobile Dealers' Day in Court Act

PART X: ASSERTING CLAIMS FOR MISAPPROPRIATION OF CONFIDENTIAL BUSINESS INFORMATION 9.42 CHECKLIST: Asserting Claims for Misappropriation of Confidential Business Information 9.43 Deciding Whether Information Is Protected 9.44 Assessing Whether Protected Information Has Been Misappropriated 9.45 Evaluating Relief Available for Misappropriation of Confidential Business Information 9.46 Evaluating Potential Defenses to Claim of Misappropriation of Confidential Business Information 9.47 CHECKLIST: Asserting Claims for Violation of Right of Publicity 9.48 Establishing Violation of Right of Publicity 9.49 Balancing Right of Publicity Against First Amendment Interests

PART XI: ASSERTING CLAIMS FOR VIOLATION OF RIGHT OF PUBLICITY 9.47 CHECKLIST: Asserting Claims for Violation of Right of Publicity 9.48 Establishing Violation of Right of Publicity 9.49 Balancing Right of Publicity Against First Amendment Interests